Monday, December 31, 2012
Each year this blog has honored individuals and organizations for their work in the white collar crime arena by bestowing "The Collar" on those who deserve praise, scorn, acknowledgment, blessing, curse, or whatever else might be appropriate. I welcome comments from readers who would like to suggest additional categories or winners (or losers?).
With the appropriate fanfare, and without further ado,
The Collars for 2012:
The Collar for Delay of Game Followed by Strikeout - To the Roger Clemens prosecution team
The Collar for the Most illegitimate Prosecution - To the prosecutors who brought the case against John Edwards
The Collar for "I'm Sorry But I Forgot!"- To the authors of the wiretap application in the Rajaratnam case.
The Collar for the Most Missed Law School Exam Questions by DOJ Attorneys - Discovery Questions
The Collar for the Tim Geithner Lifetime Achievement Award - To Attorney General Eric Holder for acquiescing in Treasury's decision not to indict HSBC or any of its senior officers
The Collar for the Statute Giving Courts the Best Shot at Correcting Poor Legislative Drafting - False claims (18 U.S.C. s 287) for Congress' failure to specify materiality and willfulness
The Collar for the Most Likely to Receive a Pardon - DOJ's pardon attorney
The Collar for Best Job at Protecting Your Own - To the DOJ's Office of Professional Responsibility for its report and recommendation on the Stevens case
The Collar for the Most Likely to be Indicted - Your choices are: Governor, Senator, Mayor, recreational pot smoker
The Collar for the Best Legal Treatise - Holder & Breuer on White Collar Declinations (Publication forthcoming in four years)
The Collar for the Show Least Likely to Survive a Season - An FCPA case
The Collar for the Agency to Have the Highest Number of Early Retirements - Tied between the SEC and State Department
The Collar for the Most Likely to Survive a Spill - BP
The Collar for the Best Attempt to Alleviate the Financial Crisis - DOJ's Nearly $5 BIllion Recovery in False Claims Act cases
The Collar for the Worst Attempt to Alleviate the Financial Crisis - DOJ's Failure to prosecute financial institution fraud
The Collar for the Most Likely to Be Visiting a Prison Camp - Former middle management executives of companies that enter into Deferred Prosecution Agreements
The Collar for the Most Likely to Come Closest to Playing "Who Wants to Be a Millionaire" with Donald Trump - Monitors under deferred prosecution agreements
The Collar for the Best Parent - retired years ago and renamed the Bill Olis Best Parent Award - unawarded this year since no one comes even close to Bill Olis, may he rest in peace.